DEAR SUZANNE
By Suzanne Henderson
LETTER 190 – From Tessie O. from Dallas, Texas
Dear Suzanne,
I’ve always loved cars—choosing, driving, and even researching them. But recently, my experiences with the vehicle I own have tested that passion. First, it was a tire blowout, and then safety issues like phantom braking that left me confused, overwhelmed, and second-guessing my decision.
A Rough Start
When I first bought my 2024 Tesla Model 3, I had high hopes since I had heard so many good things. But those hopes quickly became a pile of frustration as problems began mounting. Now, my experience has taught me that owning a so-called cutting-edge car isn’t all that it’s cracked up to be. Here’s how I found out the hard way.
Quality Control Issues
Picking up my Tesla M3LR was supposed to be a monumental moment. The delivery process was smooth and flawless, but I quickly noticed something odd: quality control issues. A scratch here, a panel gap there—minor things that I brushed off because other features worked well. The seats were comfortable, the heater worked great, and the fast charging capability was impressive. I had read about those minor issues online, so I told myself not to overreact.
The Phantom Braking
Still, the thrill of owning the Tesla dulled just a little as I noticed more flaws. But what really took the wind out of my sails was a drive home while returning from a long trip one day. About 7,000 miles into ownership, my excitement came to a screeching halt when I experienced phantom braking. I was cruising on the interstate, testing out Tesla’s Autopilot when suddenly, the car slammed on the brakes as if about to hit something. The road was clear, no obstructions, and the weather was fine and perfectly dry.
Of course, my first thought was that maybe I had done something wrong. But the more I used Autopilot, the more frequent and erratic the phantom braking became. Then, the issue went on from just the autopilot to affecting the cruise control as well. The vehicle would violently brake for no reason, which left me seriously concerned about my safety.
One particularly horrifying experience was on a snowy highway during the holidays. The Tesla decided to brake hard on an icy incline, nearly causing a pile-up. My family was terrified, and I was furious. How could a vehicle this advanced be so unreliable? I’ve had to adapt to this issue by keeping my foot hovering over the accelerator to override these unexpected braking issues.
The Tire Incident
The final nail in the coffin was the catastrophic failure of my rear driver’s side tire. While driving at 70 MPH, I heard a loud bang, and the car veered to the left. No warning light, no prior indication, just chaos. I tried to steer back to the right, but the Tesla didn’t respond. The next thing I knew, I had driven into another vehicle in the left lane, which then resulted in both cars crashing into the median barrier wall.
The airbags deployed with such force that I ended up with third-degree burns on my arms. My passengers fared much better with minor cuts and bruises, while thankfully, one escaped unscathed. However, we were all in shock.
When the chaos simmered down, I got out to have a look and saw that the other vehicle suffered more impact than mine did. Apparently, the car had spun into three right lanes and came to a complete stop on the right shoulder. It was a mess.
Through my daze, an ambulance arrived, and then a tow truck towed my vehicle somewhere. Later, I discovered in the police report that they went to confirm the cause, which revealed a blowout in the rear driver’s side tire. To make matters worse, the rim had fractured, leading to the loss of control.
I reported this accident to the dealership, and since then, my Tesla has been at their shop. The mileage at this time was 21,000.
What are My Lemon Law Options?
I know that things will be updated and fixed in the future, but for how long? How long do I have to wait to have a car that doesn’t feel like a prototype? How long before I can trust my car on a highway? Is my Tesla considered a “lemon” under the Texas Lemon Law? How many repair attempts are considered reasonable for the same defect? What are my options if my claim is denied by the manufacturer?
Tessie O. from Dallas, Texas
Tessie, Here’s How Texas Lemon Law Might Help with Your 2024 Tesla Model 3
Dear Tessie,
It’s disheartening to hear about your vehicle’s failure, and I can understand how exhausting and worrisome it must have been. A car should be a source of convenience and safety, not stress and danger. No wonder that you no longer trust your vehicle on the highway. If it’s any consolation, you are not the first to complain about any of these issues, as many other Tesla owners have had similar experiences.
From your letter, it’s clear that you have encountered several significant issues with your Tesla Model 3, including phantom braking and a catastrophic tire failure. Based on your experiences, here are some answers to your questions regarding your options under the Texas Lemon Law:
Is my Tesla considered a “lemon” under the Texas Lemon Law?
To determine if your Tesla is considered a lemon under the Texas Lemon Law, the vehicle must have a substantial defect that impairs its use, market value, or creates a serious safety hazard. Given the issues you’ve described, such as phantom braking and tire failure, it appears that your vehicle may meet these criteria. The defect must also be covered by the manufacturer’s warranty.
How many repair attempts are considered reasonable for the same defect?
The Texas Lemon Law specifies three tests to determine a reasonable number of repair attempts:
- Four-times test: Four repair attempts for the same defect within the first 24 months or 24,000 miles.
- Serious safety-hazard test: The defect creates a serious safety hazard and has been presented for repairs two or more times.
- 30-day test: The vehicle is out of service for repairs for 30 or more cumulative days within the first 24 months or 24,000 miles.
What are my options if my claim is denied by the manufacturer?
If your Lemon Law claim is denied, you have several options:
- Appeal the Decision: You can appeal the decision to a higher authority within the Texas Department of Motor Vehicles (TxDMV) or through the court system, which may involve requesting a review and potentially additional hearings.
- File a Lawsuit: If the administrative process does not result in a satisfactory resolution, you can file a lawsuit against the manufacturer in civil court.
- Seek Legal Advice: Consulting with a lemon law attorney can provide guidance on the best course of action, help to properly document your claim, and represent you during further proceedings.
- Negotiate with the Manufacturer: Attempt to negotiate directly with the manufacturer for a voluntary resolution, which may involve discussing alternative compensation or repair options.
In the end, it all comes down to you taking the first step. Don’t wait any longer to start the resolution process. You’ve already endured enough with your Tesla troubles, and it’s time to let the law work for you to ensure maximum compensation. Good luck.
Suzanne
Talk to a 2023 Tesla Model 3 Lemon Law Attorney Today!
Dear reader, are your vehicle problems ruining your life? Confused about what legal route to take? We’re here to help! Find information about Texas’ lemon law protections here, fill out the form on this page, or give us a call at (833) 743-1990 to discuss your situation with someone who understands how frustrating it can be to have a lemon car, and what to do about it.
DEAR SUZANNE is a weekly column written by Suzanne Henderson and published in LemonLawyers.ORG. If you have a defective lemon vehicle and have questions about Texas Lemon Lawyer or how to file a claim, please write to [email protected]. While not guaranteed, we will try to feature your letter in this column to provide you the answers you need, as well as enlighten other consumers who may have lemon problems similar to yours.
Disclaimer: Suzanne Henderson is not a lawyer and the points discussed here are intended for general information and reference purposes only and not to be construed as legal advice. Please consult a Texas Lemon Law Attorney to get proper legal advice about your lemon law claim.
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Featured Images:
- 2024 Tesla Model 3 ©iMoD Official (CC BY 3.0 DEED License)
